Kiran Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59091 of 2025 Arising Out of PS. Case No.-301 Year-2025 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== 1.
Kiran Kumari W/O Dilip Kumar Kushwaha @ Deelip Kumar Kushvaha R/O Mohalla- Juran Chhapra, Road no. 4, P.S.- Barahampura, Dist.- Muzaffarpur.
2.
Dilip Kumar Kushwaha @ Deelip Kumar Kushvaha S/O Hari Shankar Prasad Kushwaha R/O Mohalla- Juran Chhapra, Road no. 4, P.S.- Barahampura, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hari Kishore Thakur, Adv.
For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners seek bail in connection with Muzaffarpur Town P.S. Case No. 301 of 2025 dated 10.06.2025 registered for the offence punishable under Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act, 1956.
3. The prosecution case, in short, is that on 10.06.2025 at 15:45 Hrs, the informant got a call from Mobile 7070484718, that she has been kept in a closed room and is being pressurized for illegal sexual relation and she is not aware of the place, where she has been kept. On search through location sent by her, the house was traced and raid was carried out and then
2/4 victim girl was recovered from second floor and she told her name as Ruksar Kumari. Further the victim narrated to informant that, she was going to Delhi where her sister is staying but she missed the train due to late arrival at the station. When she came out from station then, a auto driver took her to his house and there she saw three-four girls chatting amongst themselves about immoral trafficking, then on search of house, four persons were arrested (including the petitioners). On further inquiry by the informant, other hotels and their owners were named and accordingly arrested-cum-seizure list was prepared and all of them were brought to Town PS and rescued girls were released on P.R. Bonds.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. It is submitted that from perusal of the F.I.R., it appears that one Laxman Paswan met the victim and brought her in a room, which is said to be the rented house of the petitioners. The statement of the victim was recorded under Section 183 of the B.N.S.S.. It is apparent from the statements recorded under Section 183 B.N.S.S. that there is no whisper against these petitioners. The petitioners have been made accused only on the basis that the rented room was under the tenancy of the
3/4 petitioners. The petitioners are in custody since 10.06.2025, having no criminal antecedent and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M.-Ist Class in connection with Muzaffarpur Town P.S. Case No. 301 of 2025, subject to the following conditions:-
1. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or their wife.
3. The bailor shall also state on affidavit that he/she will inform the court concerned if the petitioners are made accused in any other case of similar nature after their release in the present case
4/4 and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
5. The petitioners shall appear before the Police Station of their local area in the first week of each month till the disposal of the present case. (Khatim Reza, J) prabhat/- U T